Attorney-Client Privilege Upheld by PA Supreme Court

Posted on: June 26th, 2012       Attorney Thomas Newell

A February 2011 decision by the Supreme Court of Pennsylvania upheld the full confidentiality of all attorney-to-client communications.  An injured PA car accident victim had brought an uninsured motorist claim versus his auto insurer, AIG Insurance Company.  After the resolution of that UM claim, the insured filed a bad faith claim against the insurer.  In the course of discovery, the insured demanded copies of all correspondence sent by AIG’s UM attorney to the insurance company.

The Philadelphia County Court of Common Pleas Judge ruled that the attorney-client privilege only protected confidential communications from the client to the attorney, not vice versa.  The Pennsylvania Superior Court affirmed the trial judge’s opinion.  However, the PA Supreme Court held that the attorney-client privilege operates in a two-way fashion to protect client to lawyer private communications, as well as lawyer to client exchanges.  Gillard v. AIG Ins. Co., 15 A.3d 44 (PA 2011)

For a personal injury consultation call 800-980-4842